Fleeing Misdemeanants and Hot Pursuits by Law Enforcement

• Fleeing Misdemeanants
• Warrantless Residential Entries by Law Enforcement in Misdemeanor Cases
• Exigent Circumstances Allowing for the Warrantless Entry of a Residence

Flight from law enforcement into one’s home by a misdemeanor suspect, by itself, without any articulable reason to believe an exigency exists above and beyond the flight itself, does not allow for an officer’s warrantless pursuit into the residence.  An exigency, such as a need to prevent (1) imminent harm or violence, (2) the possible destruction of evidence, or (3) the escape of the suspect from the home, must first be shown before a warrantless entry into the suspect’s residence is allowed.

Defendant Arthur Lange—having consumed a bit too much alcohol (later showing a blood-alcohol level of over three times the legal limit for driving)—was enjoying himself on the drive home from where ever he’d been drinking, playing his radio as loud as he could (with his windows rolled down) while repeatedly honking his horn to the beat of Merle Haggard’s classic, “I Think I'll Just Stay Here and Drink.”  (I’m significantly embellishing on the facts here.)  This attracted the attention of a California Highway Patrol Officer who—apparently not appreciating the talents of Merle Haggard (still embellishing)—began to follow defendant.  Eventually hearing enough, the officer flipped on his overhead lights, attempting to make a traffic stop.  Being about a hundred feet (four-seconds driving time) from this home, defendant decided to make a dash for it, ignoring the officer’s attempt to stop him and driving straight into his attached garage.  Not in the least deterred, the officer followed defendant into the garage (presumably parking in his driveway) and made contact.  Upon observing signs of ....